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McCLELLAN REALTY v. INSTITUTIONAL INVESTORS TRUST

Civ. No. 88-0362.

714 F.Supp. 733 (1988)

McCLELLAN REALTY CORPORATION, Plaintiff, v. INSTITUTIONAL INVESTORS TRUST, et al., Defendants.

United States District Court, M.D. Pennsylvania.

December 6, 1988.

Attorney(s) appearing for the Case

Joseph R. Solfanelli, Solfanelli & Butler, Scranton, Pa., John M. Elliott, Louis B. Kupperman, Karen M. Scheller, Francis X. O'Brien, Jr., Baskin, Flaherty, Elliott & Mannino, P.C., Philadelphia, Pa., for plaintiff.

Bernard Smolens, Philadelphia, Pa., David S. Hope, Carl A. Solano, J. David Smith, Williamsport, Pa., for defendants.

OPINION

MUIR, District Judge.

On March 8, 1988, the Plaintiff, McClellan Realty Corporation ("McClellan"), filed its complaint against the Defendants Institutional Investors Trust, Institutional Investors Corporation, Unicorp American Corporation (collectively known as "the IIT Defendants"), and Chicago Title Insurance Company ("Chicago Title"). On May 13, 1988, the IIT Defendants filed a motion to dismiss Counts II, III, and IV of the complaint pursuant...

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